Marketing Explosion Web Site Agreement
The MarketingExplosion Web Site (the "Site") is an online information
service provided by MarketingExplosion ("MarketingExplosion "),
subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU
DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SITE. MarketingExplosion MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO
BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR
USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are MarketingExplosion, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from
the different areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete any copyright or
proprietary notices from the materials. You agree to grant to
MarketingExplosion a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to MarketingExplosion by all
means and in any media now known or hereafter developed. You also
grant to MarketingExplosion the right to use your name in connection with
the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against
MarketingExplosion for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
MarketingExplosion.
TRADEMARKS.
Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or servicemarks of
MarketingExplosion. Other product and company names
mentioned in the Site may be the trademarks of their respective
owners.
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by MarketingExplosion,
MarketingExplosiondoes not operate, control or endorse any information, products or
services on the Internet in any way. Except for
MarketingExplosion-
identified information, products or services, all information,
products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with
MarketingExplosion a. You also understand that
MarketingExplosion cannot and
does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. MarketingExplosion PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND MarketingExplosion SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
MarketingExplosion DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
MarketingExplosion HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL MarketingExplosion BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF MarketingExplosion OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, MarketingExplosion LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
MarketingExplosion makes no representations whatsoever about any other
web site which you may access through this one or which may link to
this Site. When you access a non-MarketingExplosion web site, please
understand that it is independent from MarketingExplosion, and that
MarketingExplosion has no control over the content on that web site. In
addition, a link to a MarketingExplosion web site does not mean that
MarketingExplosion endorses or accepts any responsibility for the content,
or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless MarketingExplosion, its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing
the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of MarketingExplosion and its
officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of The United States of America applicable to agreements
made and to be performed in The United States of America. You agree that any legal
action or proceeding between MarketingExplosion and you for any purpose
concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in The United States of America . Any cause of action or claim you
may have with respect to the Service must be commenced within one
(1) year after the claim or cause of action arises or such claim or
cause of action is barred. MarketingExplosion's failure to insist upon or
enforce strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. MarketingExplosion may assign
its rights and duties under this Agreement to any party at any time
without notice to you.
7. Affiliate Terms.
Affiliate Terms And Conditions (Including Partner Members /Resellers)
The following are terms and conditions for participating in the
MarketingExplosion.com Affiliate Program.
"Affiliate" refers to you, and "MarketingExplosion.com" refers to us and the
web sites that are owned by Hodgkinson Marketing Limited and SurefireWealth
Inc.
MarketingExplosion.com reserves the right to amend this agreement as needed
from time to time, and Affiliate agrees that any such amendment will apply
to Affiliates. The continuation of Affiliate status or Affiliate's
acceptance of income or bonuses shall constitute Affiliate's acceptance of
any and all amendments.
1. Affiliate agrees that a MarketingExplosion.com Affiliate is an
independent contractor and not an employee, agent, partner, legal
representative, or franchisee of MarketingExplosion.com. Affiliates further
agrees not to incur any debt, expense, obligation on behalf of, for, or in
the name of MarketingExplosion.com.
2. Affiliate must be of the age of majority in his/her state or country.
3. All Affiliate applications are subject to approval by
MarketingExplosion.com.
4. Affiliate agrees to receive MarketingExplosion.com's e-mail, including
but not restricted to sales reports, training, newsletters, plus messages
from Affiliate's Team Leader(s).
5. Affiliate agrees to present the MarketingExplosion.com Compensation Plan
and MarketingExplosion.com products and services as set forth at the
official MarketingExplosion.com Website(s). Affiliates will make no claims
regarding potential income, earnings, products, or services beyond what is
stated at official MarketingExplosion.com Websites.
6. Affiliate agrees not to disparage MarketingExplosion.com, other
MarketingExplosion.com Affiliates, MarketingExplosion.com's products, the
MarketingExplosion.com compensation plan, MarketingExplosion.com's
employees. Affiliate understands that disparagement may result in the
immediate suspension or termination of Affiliate account with a cancellation
of any pending commissions.
7. Affiliate agrees to not utilize SPAM in promoting
MarketingExplosion.com's web sites and products. This action may result in
the immediate suspension or termination of Affiliate account with a
cancellation of any pending commissions. Affiliate will also be in violation
of MarketingExplosion.com's Affiliate Agreement and subject to legal action
and be held liable for any financial loss incurred by
MarketingExplosion.com. Any service interruptions to
MarketingExplosion.com's web sites as a result of Affiliates spamming will
be billed to Affiliate at $150 U.S. dollars per hour until service is
restored.
For the purpose of this agreement SPAM is defined as e-mailing ANYONE, in
bulk or by single mailing, about MarketingExplosion.com or his products, who
has not specifically requested the information directly from Affiliate. The
ONLY exceptions to this are:
i.) Mailing to APPROPRIATE OPT-IN mailing lists where the source does the
mailing on Affiliate's behalf AND you do not advertise an
MarketingExplosion.com Gateway URL. However, use extreme caution when
choosing an opt-in mailing list company! Using anything but the most
reputable sources could generate spam complaints against Affiliate resulting
in suspension or termination.
ii.) You may include information on MarketingExplosion.com in e-mail
Acknowledgement Messages for orders and inquiries that you receive, so long
as it is stated up front that you will be sending them an acknowledgement.
MarketingExplosion.com also considers ANY type of advertisement about
MarketingExplosion.com or his web sites posted to a newsgroup or chat room
to be spam.
8. Affiliate agrees to provide MarketingExplosion.com with a valid e-mail
address upon registration. Affiliate understands that the use of an
autoresponder e-mail address is prohibited.
9. Although the MarketingExplosion.com's Affiliate Program is United Kingdom
based it is not limited to the United Kingdom, However all payments will be
made in U.S. dollars. Affiliate commissions shall normally be paid by PayPal
and sent out monthly on or about the last day of the month for the previous
month's sales. To cover MarketingExplosion.com's fee processing,
MarketingExplosion.com reserves the right to deduct approximately $2 (two
dollars per sale). If a sale is cancelled or refunded, the related
commission will be deducted from a subsequent payment. No minimum amount is
required before payments are made. Payment are made via PayPal only and you
must provide us with a valid PayPal account email on registration. PayPal
may also deduct additional fees from your payment from us.
10. Affiliate will be issued an "Affiliate Link," or "Partner Link" a unique
URL which allows MarketingExplosion.com to identify visitors from Affiliate
site as originating from Affiliate. These visitors are tracked with this
unique URL, and sales are recorded with the appropriate Affiliate ID. To
receive commissions, Affiliate must use the provided Affiliate Link. The URL
may be in various forms, such as a banner, image, or text link.
11. Affiliate is solely responsible for ensuring that their Affiliate Link
is set up properly to qualify for commissions.
12. MarketingExplosion.com is not responsible for technical problems, acts
by third parties, or other events outside our reasonable control which may
temporarily disrupt or diminish service.
13. MarketingExplosion.com will make every reasonable effort to track and
pay commissions for all sales that apply to Affiliate. However,
MarketingExplosion.com is not responsible for technical problems, acts by
third parties, or other events outside our reasonable control which may
temporarily disrupt or diminish this service. Affiliate understands that
Affiliate tracking can never be 100% accurate and MarketingExplosion.com is
not responsible for inaccuracies that might occur beyond its control.
Tracking of Affiliate sales depend on several factors, technical and
otherwise, which are beyond the control of MarketingExplosion.com. It is the
goal of MarketingExplosion.com to make Affiliate tracking as accurate as
possible. However, MarketingExplosion.com cannot guarantee 100% tracking for
situations beyond his control.
14. To protect MarketingExplosion.com's customer privacy, if deemed
necessary, MarketingExplosion.com reserves the right to withhold identifying
customer contact information from Affiliate.
15. MarketingExplosion.com reserves all rights in or to its trademarks and
service marks but may be used by Affiliate in accordance with this
agreement. Affiliate may in no way display a MarketingExplosion.com logo,
image, or trademark which may be distasteful, defame, or misrepresent
MarketingExplosion.com.
16. Affiliate understands that prohibited sites for advertising
MarketingExplosion.com's products or services include: Websites that promote
sexually explicit material or violence; sites that promote discrimination
based on race, sex, religion, national origin, or physical disability; sites
that promote illegal activities.
17. MarketingExplosion.com shall not be held liable for any indirect,
incidental, special, or consequential damages or any loss of revenue or
profits arising under or with respect to this Agreement or program, even if
MarketingExplosion.com has been advised of the possibility of such damages.
MarketingExplosion.com's aggregate liability arising under or with respect
to this agreement or the program shall in no event exceed the total
commissions paid or payable by MarketingExplosion.com under this agreement.
18. Affiliate agrees not to present others' creative works—in full or in
part—as his or her own nor engage in violation of copyright agreements for
any reason. Such violations could result in suspension or termination.
19. MarketingExplosion.com makes no warranties expressed or implied with
regard to Affiliate Program except as outlined in this Agreement.
20. Both MarketingExplosion.com and the Affiliate reserve the right to
terminate this agreement at any time. The term of this Agreement shall be
for a period of one year from the date hereof and shall automatically renew
upon each anniversary without further act of the parties unless either party
has terminated this Agreement by written notice to the other. If terminated,
outstanding commissions at time of termination shall be paid in the next
payment so long as the terms of this agreement were not violated by the
Affiliate. Payment of the final commission payment to the Affiliate may be
withheld for a reasonable time in order to ensure that the correct amount is
paid.
21. In the event that a provision of this Agreement is held to be invalid or
unenforceable, such provision shall be reformed only to the extent necessary
to make it enforceable, and the balance of the Agreement will remain in full
force and effect.
22. Affiliate understands that MarketingExplosion.com will purge the main
affiliate database monthly of all affiliates who have been designated as
"inactive" for a period of six months or more.
23. This agreement will be governed by and construed in accordance with the
laws of the United Kingdom.
DISCLAIMER:
MarketingExplosion.com hereby disclaims all express and implied warranties
for all products, goods or services, including the implied warranties of
MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE. All products, goods,
or services are provided AS IS with respect to MarketingExplosion.com. Any
warranty or other remedy offered by the original manufacturer or party
offering any services, if any, is offered only by such entity and not by
MarketingExplosion.com.
MarketingExplosion.com obligations and your remedies hereunder are solely
and exclusively as described and limited herein. MarketingExplosion.com's
liability, whether based on contract, tort, warranty, strict liability, or
other theory, shall not exceed the price of the individual unit of goods,
products, or services of which the alleged defect or damage is the basis of
the claim. In no event shall MarketingExplosion.com be liable for any loss
of profits, loss of use, or other indirect, incidental, or consequential
damage.
MarketingExplosion.com's display of any products, goods, or services offered
by or originating from a party other than MarketingExplosion.com are not
intended nor offered as information or data comprising any claim or
representation as to such products, goods, or services by
MarketingExplosion.com. Any ultimate purchase of any product, good, or
service from MarketingExplosion.com or his web sites are made subject to the
law of the United Kingdom, which substantive law shall control the
relationship of the parties.
Any rights not expressly granted herein are reserved.
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